Commonwealth v. Junkin

Citations

• 170 Pa. 194
• 32 A. 617
• 1895 Pa. LEXIS 1383

Syllabus

<p>Criminal law — Banks and bankers — Receipt of deposit when insolvent — . Act of May 9, 1889.</p> <p>On the trial of an indictment for a violation of the act of May 9,1889, P. L. 145, entitled “ An act relating to the receiving of deposits by insolvent bankers,” etc., in order to secure a conviction, the commonwealth must prove beyond a reasonable doubt, (1) actual insolvency at the time the money is received ; (2) defendant’s knowledge of the insolvency; (3) the receipt of the money as a bank deposit.</p> <p>Where a banker or an officer of a bank receives mone}' over the counter at a time when he knows the bank to be insolvent, but keeps the money separate from all other funds, with the intention of returning it, and actually does return it, he cannot be convicted of a criminal receipt of money as a bank deposit within the meaning of the act of May 9, 1889.</p> <p>On the trial of an indictment for a violation of the act of May 9, 1889, the evidence on behalf of the defense tended to show that the two defendants were partners in a private bank; that at the time of the insolvency of the bank both partners were ill; that the business was largely under control of the cashier; that, when the defendants learned of the insolvencju they instructed the cashier not to receive any deposits, or if he did, to keep them separate, mark them specially, and return them to the depositor. Towards the end of the banking hours the clerk received a small deposit which he neglected to keep separate, but on the following day the amount of the deposit was returned to the depositor. Held, that it was error to charge the jury: “ We do not think the question as to whether the money deposited was to be returned, or the fact that it was afterwards returned, is material to the case.”</p> <p>A principal is not answerable criminally for the wrongful act of his agent, when the act is in positive disobedience of the principal’s instructions.</p> <p>Penal statutes which inflict punishment must be s